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HomeMy WebLinkAbout5364-8/22/2016Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5364 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SECTIONS 5, 6, 9 AND 10 OF ARTICLE F, FOUNDATION DRAIN DISCONNECTION, OF CHAPTER 3, SEWER REGULATIONS, OF TITLE 8, PUBLIC UTILITIES; AND ENACTING IN LIEU THEREOF NEW SECTIONS 5, 6, 9 AND 10 OF SAID ARTICLE F. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That Sections 5, 6, 9 and 10 of Article F, Footing Drain Disconnection, of Chapter 3, Sewer Regulations, of Title 8, Public Utilities, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, are hereby repealed in their entirety; and that new Sections 5, 6, 9 and 10 of said Article F are hereby enacted in lieu thereof as follows: 8-3F-5: DISCONNECTION OF FOUNDATION DRAIN CONNECTIONS REQUIRED: All direct or indirect connections of a foundation drain within the established district shall be disconnected from the sanitary sewer system within three (3) years after the effective date of establishment of the district in which said connection is located. Disconnection shall mean termination of any direct or indirect connection to the sanitary sewer system, including direct connections to the sanitary sewer service, connections to a sanitary sewer floor drain, or any similar plumbing fixture that would allow foundation drain flow or surface water flow to enter the sanitary sewer system. All disconnections of any such foundation drain systems or devices shall conform to current standards adopted as administrative policy by the City Building Official. 8-3F-6: FINANCIAL ASSISTANCE FOR DISCONNECTION: Any sanitary sewer system customer completing the disconnection of a foundation drain from the sanitary sewer system as provided in this article shall be entitled to a financial assistance payment from the City not to exceed two thousand dollars ($2,000.00) of actual costs incurred for said disconnection, which may also include the cost to install backflow prevention devices. Financial assistance shall be subject to compliance with the provisions of this article for an approved disconnection procedure. Such payment shall be subject to the submittal of invoices, vouchers and documentation clearly establishing the costs incurred. To qualify for the financial assistance, the approved disconnection procedure must be completed within three (3) years after the effective date for establishment of the district in which the property is located, and the sanitary sewer system customer must submit a written application for assistance in complete form to the City no later than thirty (30) days after the end of said 3 -year period. Approved disconnections made before the effective date for establishment of the district but after the date of adoption of the ordinance that identified the district will also be eligible for the financial assistance payment, provided that payment will not be made until after the effective date. Approved disconnections in District 1 made between January 1, 2013 and December 31, 2014 shall be eligible for the amount of the financial assistance payment stated above. In order to ease the City's administrative burden and to reduce program costs, the application for assistance shall include, on a form approved by the City Building Official, an assignment to the contractor of the applicant's right to receive the financial assistance payment, provided that said assignment shall not be mandatory for qualifying work done before January 1, 2015. Any work done after said 3- year period for purposes of complying with the requirements of this article will not qualify for any financial assistance hereunder. The payment of financial assistance by the City under this section shall not be deemed to give rise to any liability on the part of the City for work performed by a contractor or any other person. Ordinance No. 5364 Page 2 8-3F-9: NON-COMPLIANCE FEE FOR FOUNDATION DRAIN CONNECTION: Any sanitary sewer customer within an established district with a direct or indirect foundation drain connection to the sanitary sewer system remaining in place three (3) years after the effective date for the establishment of the district shall be subject to a monthly fee of $50.00 for the extraneous flow, or potential extraneous flow, contributed to the sanitary sewer system. The payment will be in addition to all other sanitary sewer user charges and shall continue to accrue from month to month until such time as the City determines through inspection either that the direct or indirect foundation drain connection no longer exists or that there was no direct or indirect foundation drain connection as of the date of establishment of the district. Extraneous flow fees remaining unpaid may be assessed against the property for collection in the same manner as a property tax, as provided in state law. 8- 3F-10: REBUTTABLE PRESUMPTION: There is a presumption that all sanitary sewer customers within the established district have a foundation drain connection to the sanitary sewer system as prohibited under this article. Beginning three (3) years after the effective date for the establishment of the district, all properties within the district that have not completed an approved disconnection procedure or other equivalent disconnection procedure inspected and documented by the City, or that have not provided to the City a certified statement from a licensed master plumber, licensed residential building contractor, or City plumbing inspector that the property does not have a foundation drain connection, shall be presumed to have a foundation drain connection for purposes of this article. INTRODUCED: August 22, 2016 PASSED 1St CONSIDERATION: August 22, 2016 PASSED 2nd CONSIDERATION: August 22, 2016 PASSED 3rd CONSIDERATION: August 22, 2016 PASSED AND ADOPTED this 22nd day of August 2016. ATTEST: Kelley Fele ie Deputy City lerk Quentin Hart, Mayor CERTIFICATE I, Kelley Felchle, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5364 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 22nd day of August 2016. Witness my hand and seal of office this 22nd day of August 2016. Kelley Fel Deputy Ci SEAL